EEA Family Member with Residency Permit: Do I need a VISA?

[Inspiring5]

Dear All,

I hope you are keeping well.

I am from West Africa. I was married in the UK - London specifically, to my current french wife for 2 years + now, and we lived there. I got my residence permit(not permanent) last year. Shortly after I lost my job.

I decided to set up my company which is over a year now and while I was building it, my wife who was working for a charity at the time was headhunted from France to join a company. This was after a long time of her looking for better job opportunities in UK, as finance became important.

Then it became a challenge for us because it would mean that she traveled to France, spent the 5 working days and returned to London during the weekend. It continued for a long time and the stress was having its toll on her, at the same time, affecting our new union.

On one side is my business which I am building and which is currently picking up. So at first, I decided to travel so meet her stay a week or 2 then return to continue growing my business which is legally registered in the UK.

Right now, it has come to the point where we have both decided that I temporarily move to France and work from there while the business and its operation is fully a UK entity (thanks to the internet).

So my question is: Since we have decided that I applied for a long stay to move to France, but still want to continue growing my business in the UK, which means that I will have to be travelling to the London regularly.

1. Would I need a Visa - even though I have a residence permit (not permanent yet) to go to the UK ?
2. Can I legally still operate my business as it is currently growing?
3. What do I do?

Your advise is highly apppreciated. Thank you in advance for your kind gesture and support.

Regards,

Miko T

[rosebead]

I'd imagine you'd have to get something like a Tier 1 (Entrepreneur) visa. That's because unfortunately if your wife is not resident in the UK for 6 months a year (and economically active or self-sufficient) then you as her family member do not have a right of residence in the UK. Or if she had worked continuously in the UK for 3 years and then had gone to France to work, she and you could keep a right of residence in the UK if she keeps a residence in the UK and returns to it at least one day a week.

By the way, on a separate note, if your wife worked for over 3 months in the UK (in fact longer is better) you would be eligible for a 5-year Residence Card in France as the family member of an EU citizen, strangely enough. This is Surinder Singh case law. After 5 years you become a Permanent Resident of France.

[Inspiring5]

Dear rosebead,

Thank you so much. That was very helpful.

In fact, she worked for about a year in the UK before she got the job in France.

Regards,

Miko T.